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United Kingdom v. Council Case 56/88 [1989] 2 C.M.L.R. 789.

 

Facts: the United Kingdom government challenged the validity of the Action Programme for the Vocational Training of Young People adopted on the basis of Article 128 and Council Decision 63/266. This five year programme included detailed implementing measures and significant expenditure.

Complaint: The United Kingdom claimed that the programme should have been based on both Article 128 and Article 235 as it required significant expenditure and implementing action.

Holding: The Court dismissed the application, considering that Article 128 was a sufficient basis for the Decision.

Reasoning: The fact that the voting procedure for Article 128 decisions may reflect "a lack of coherence" when compared to procedures as regards other common policies, did not affect the European Court's opinion that the decision in question, which was merely designed to "support and supplement through Community measures the policies and activities of the Member States in the area in question," fell within the scope of Article 128.

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